Am I Eligible to file Citizenship ? Any help is appreciated.

[mastmastana]

Hi All,

I received my greencard in Aug 2005 ( Family Based).
I was in US when I got my GC.
In Sep 2006 I obtained 2 year permit and went out of the country ( After 13 Months of GC).
Came back in Sep 2008 and have been in US since then.(2 yr 10 months).

Am I eligible to file Citizenship?
If not then when do I become eligible.
How will USCIS read my stay so far?

Thanks

 

[Bobsmyth]

The earliest you can apply is 4 years +1 day after your September 2008 return.

 

[Jackolantern]

The earliest you can apply is 4 years +1 day after your September 2008 return.

Unless married to a US citizen for 3 years, which would allow applying in September of this year using the 2 year + 1 day rule, or June of next year using the 3 years minus 90 days rule (of course, assuming good moral character and other criteria have been satisfied).

 

[Jackolantern]

Came back in Sep 2008 and have been in US since then.(2 yr 10 months).

That is ONE year and 10 months.

 

[mastmastana]

Thanks Jack and Bob !

Am not married to a US citizen.

- Can I apply after 3 years minus 90 days of my re-entry?
- Why would the 13 month stay in 2005-06 not count ?
- Would they let me take an infopass appointment for me to go and ask them directly if I am eligible to file Citizenship?
- If I go out of country now and come back after 5-6 month will the 3 year clock start again for 3 year rule or will they sum up the current 2 year stay with the future stay ?

Unless married to a US citizen for 3 years, which would allow applying in September of this year using the 2 year + 1 day rule, or June of next year using the 3 years minus 90 days rule (of course, assuming good moral character and other criteria have been satisfied).

 

[Jackolantern]

- Can I apply after 3 years minus 90 days of my re-entry?

No, you are not married to a US citizen, so your earliest option is 4 years + 1 day after the end of that long trip.

- Why would the 13 month stay in 2005-06 not count ?

Any trip over 1 year automatically breaks continuous residence, unless you were in the military or have an approved N-470. You have to start over and rebuild the required years of residence, although they give you a break by letting you apply at 4y+1d instead of having to redo the whole 5 years.

- Would they let me take an infopass appointment for me to go and ask them directly if I am eligible to file Citizenship?

It won't be useful, as they'll usually tell you to apply even if you're not eligible, because they want the opportunity to give a full evaluation when you actually apply.

- If I go out of country now and come back after 5-6 month will the 3 year clock start again for 3 year rule or will they sum up the current 2 year stay with the future stay ?

You have to use the FIVE year rule, because you're not married to a US citizen. If your trip is long enough to break continuous residence, time spent in the US before the residence-breaking trip cannot be used towards the continuous residence requirement. However if your trip is under 6 months it almost surely will not break residence unless it is part of a pattern of multiple consecutive trips.